Five Former Israeli Supreme Court Presidents Warn Government Against Defying Court Rulings

Five former presidents of the Israeli Supreme Court, Uzi Fogelman, Esther Hayut, Asher Grunis, Dorit Beinisch, and Aharon Barak, issued a joint statement on Monday condemning the Israeli government's recent decision regarding the Second Authority Council. They described the government's stance as an unprecedented threat to democracy, warning that refusing to comply with court orders is "the final nail in the coffin of democracy." The former justices emphasized that such defiance disrupts the balance of government and law, potentially leading to anarchy and the concentration of power in a single entity, thereby undermining proper governance.

The statement followed the government's resolution not to recognize any decisions, appointments, or actions by the Second Authority Council unless they meet specific legal criteria. This move challenges a June Supreme Court ruling that reinstated the council after its membership fell below the legal minimum due to a collective resignation. The court had ruled that the resigning members should not be counted in the quorum, allowing the council to continue functioning.

Attorney General Gali Baharav-Miara responded to the Supreme Court panel handling the case by criticizing the government's declaration as a severe attempt to undermine judicial decisions and intimidate those who seek to uphold them. She stressed that this approach threatens the fundamental principles of the rule of law in a democratic state.

Former Supreme Court President Yitzhak Amit commented that Israel is undergoing a regime change, while the President of the District Court for Peace noted some cases are being set aside amid the ongoing appointment cycle disruptions. The former justices urged the government to affirm the necessity of complying with court rulings to prevent the destructive consequences of legal and governmental disorder.